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My father was misdiagnosed by doctors and they giving wrong treatment.due to that treatment my father suffers lot of pain and nearly was on the step of death.actually my father was suffering from cancer but doctors giving them treatment of TB.we go to the other doctor they told us that there was gap in my father back bone. Both doctors giving us lot of medicine but my father has been critical.But when we were visit to mumbai doctor they provide correct treatment and they did cemotherophy on him and now my father is recovering.so now i want your legal advise for taking an action against the doctors.kindly suggest.i have all bills and report of doctors.i am left my collage due to this reason.plzzz suggest and advise me.
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A. Medical negligence thrust tortious liability and the victim can receive compensation for the injury or loss suffered by him. The liability can be civil as well as criminal. A) For civil malpractice/negligence where you are seeking damages in monetary terms, you can approach consumer forum under the District Consumer Disputes Redressal Forum/National Commission which should ideally provide a judgement in under 3 months and which is more likely to yield results as opposed to going the IPC and criminal case way. Only monetary damages may be claimed under the Consumer Protection Act, and no criminal liability will fall on the doctor. You can argue for yourself but having a lawyer arguing for you may provide you a better chance of winning the case. B) Criminal negligence can be complained to the state medical council but they do not handle monetary compensation for you but if the state medical council finds merit in your accusation they may proceed for action proceedings against the doctor. You can also approach the court for a criminal case if you believe that the doctor has killed or grievously hurt a patient out of malicious intent. The Supreme Court has a very strict threshold for the criminal liability in cases of medical negligence. Martin F D’Souza v. Mohd. Ishfaq [2009 2 SCC 40]
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